Part 1: Basic legal concept Flashcards
nature and function of law (examination of law-making processes & institutions)
Meaning of law
rules established by the government to protect society
Customs
expected behavioural patterns
Rules
boundaries placed on specific branches of society
Laws
affect all of society equally & enforced by the legal system
Ethics
judgement on what are rightful doings in a situation
Values
feelings & principles & attitudes a society/individual holds as being important
Equality
same rights or status
Fairness
freedom from bias, dishonesty or injustice
Access
right/opportunity to make use of something
Procedural fairness
must be fairness in the processes that resolve disputes
Natural justice
everyone should be treated fairly under the law
- right to be heard
- right to unbiased decision-maker
Rule of law
no one is above the law
Anarchy
chaos and disorder due to the absence of rules & laws
Tyranny
single leader has absolute power of country or state
Equity
decisions based on justice & idea of fairness
Precedent
judgement used in later legal decisions
Binding precedent
lower court follows decisions of higher court
Persuasive precedent
influenced by courts of a similar level
Ratio decidendi
reasoning that drives the final decision
Obiter dicta
opinion is not essential to final decision & not legally binding
Inquisitorial system
judge leading the discovery and presentation of evidence
Adversarial system
each side of a case gathering and presenting their own case
Mandamus
compel gov/official to do a task
Injunction
prevent an individual/organisation from doing an action
